MARKANDEY KATJU, SUNIL AMBWANI, K.N.OJHA
BISAULI VYAPAR MANDAL – Appellant
Versus
STATE OF U P – Respondent
( 1 ) HEARD Sri S. K. Verma, learned Senior Counsel and Sri Siddhartha Verma, learned Counsel for the petitioner, Sri S. M. A. Kazmi, learned Chief Standing Counsel for the State and Sri U. S. Mishra, learned Counsel for the Municipal Board, Bisauli.
( 2 ) THIS Full Bench has been constituted by order of Honble the Acting Chief Justice on a reference made by a Division Bench dated 16. 8. 2000 as the Division Bench doubted the correctness of the view of another Division Bench in Madan Lal Gupta and others, Civil Misc. Writ Petition No. 226 (Tax) of 1983, decided on 20. 5. 1998.
( 3 ) THE short question in this case is whether an Administrator of a Municipal Board can impose a municipal Tax as envisaged by Chapter V of the U. P. Municipalities Act, 1916 (hereinafter referred to as the Act) when the Municipal Board has been dissolved or superseded under section 30 of the Act.
( 4 ) THE Division Bench, which made the reference order dated 16. 8. 2000 (presided over by one of us M. Katju, J.), was of the view that an Administrator, who was appointed after dissolution or supersession of the Municipal Board can impose a municipal tax as he steps into the shoes of the mu
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